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This information is provided by the
Oklahoma Bar Association
1
The criminal justice system can be very confusing and scary. While you have the right to represent yourself in court, the advice of a lawyer is invaluable. While you may not feel you have the money to hire a lawyer, you may not be able to afford not to have a lawyer. If you cannot afford a lawyer and you are charged with an offense which carries possible jail or prison time, you are entitled to a court-appointed lawyer at state expense. But if you paid a bail bondsman a fee of $500 or more, you may not get a court-appointed attorney, even if the bond fee was paid by someone else. The information in this brochure is intended as general information only. Nothing in this brochure should replace the advice of your lawyer. This information generally applies to Oklahoma District court cases, and not necessarily to municipal or federal cases.
Crimes:
Crimes are generally classified as felonies or misdemean­ors. Usually, felonies are punished by a sentence of one year or more in prison. Misdemeanors are generally pun­ished by one year or less in a county jail. Probation is also a possibility. Under probation, a person would not serve any time in jail or prison.
Criminal Proceedings:
The following definitions are provided to explain the criminal justice process:
A
rrest and Booking:
This is when a police officer takes you into custody and takes you to jail. The process of actually putting you in jail is called booking.
I
nitial Appearance:
(Commonly referred to as “Arraignment”)
If you are charged with a crime, this will be the first time you will go before a judge. You will be advised on the charges against you, and a bond will be set for you which you must arrange to pay before you may be released from jail. In some cases, this bond may be an “Own-Recogni­zance Bond” (O.R. Bond) which requires no payment of money to a bondsman. If you bonded out of jail before arraignment, your bond will generally stay the same unless additional charges are filed, or if you have prior felony conviction. You also will be told the next time you are to appear in court.
Preliminary Hearing Conference:
This hearing may also be called a pre-preliminary hearing or an announcement docket. Generally, these hearings are a time for your attorney and the prosecutor to discuss your case. The prosecutor may make a plea bargain offer which you and your attorney will discuss. If you decide to accept the offer, you would waive or give up your right to a trial and set your case for a date for you to plead guilty. If you do not accept the plea offer, you will have your case set for a preliminary hearing or trial.
Preliminary Hearing:
If you are charged with a felony you have a right to a pre­liminary hearing. A preliminary hearing is a court hear­ing where witnesses testify and the judge decides whether there is enough evidence against you to order you to have a trial. If the court believes there is enough evidence to believe a crime was committed and enough evidence to believe you committed the crime (probable cause), the court will “bind you over” for trial. If the court does not believe there is enough evidence, the case is dismissed. The prosecutor is not required to present all of their wit­nesses or all of the evidence they have collected. They are only required to present enough evidence to meet the probable cause standard. The judge, by law, must consider all the evidence in a light most favorable to the state. He must also assume the state’s case will get better by trial.

This information is provided by the
Oklahoma Bar Association
1
The criminal justice system can be very confusing and scary. While you have the right to represent yourself in court, the advice of a lawyer is invaluable. While you may not feel you have the money to hire a lawyer, you may not be able to afford not to have a lawyer. If you cannot afford a lawyer and you are charged with an offense which carries possible jail or prison time, you are entitled to a court-appointed lawyer at state expense. But if you paid a bail bondsman a fee of $500 or more, you may not get a court-appointed attorney, even if the bond fee was paid by someone else. The information in this brochure is intended as general information only. Nothing in this brochure should replace the advice of your lawyer. This information generally applies to Oklahoma District court cases, and not necessarily to municipal or federal cases.
Crimes:
Crimes are generally classified as felonies or misdemean­ors. Usually, felonies are punished by a sentence of one year or more in prison. Misdemeanors are generally pun­ished by one year or less in a county jail. Probation is also a possibility. Under probation, a person would not serve any time in jail or prison.
Criminal Proceedings:
The following definitions are provided to explain the criminal justice process:
A
rrest and Booking:
This is when a police officer takes you into custody and takes you to jail. The process of actually putting you in jail is called booking.
I
nitial Appearance:
(Commonly referred to as “Arraignment”)
If you are charged with a crime, this will be the first time you will go before a judge. You will be advised on the charges against you, and a bond will be set for you which you must arrange to pay before you may be released from jail. In some cases, this bond may be an “Own-Recogni­zance Bond” (O.R. Bond) which requires no payment of money to a bondsman. If you bonded out of jail before arraignment, your bond will generally stay the same unless additional charges are filed, or if you have prior felony conviction. You also will be told the next time you are to appear in court.
Preliminary Hearing Conference:
This hearing may also be called a pre-preliminary hearing or an announcement docket. Generally, these hearings are a time for your attorney and the prosecutor to discuss your case. The prosecutor may make a plea bargain offer which you and your attorney will discuss. If you decide to accept the offer, you would waive or give up your right to a trial and set your case for a date for you to plead guilty. If you do not accept the plea offer, you will have your case set for a preliminary hearing or trial.
Preliminary Hearing:
If you are charged with a felony you have a right to a pre­liminary hearing. A preliminary hearing is a court hear­ing where witnesses testify and the judge decides whether there is enough evidence against you to order you to have a trial. If the court believes there is enough evidence to believe a crime was committed and enough evidence to believe you committed the crime (probable cause), the court will “bind you over” for trial. If the court does not believe there is enough evidence, the case is dismissed. The prosecutor is not required to present all of their wit­nesses or all of the evidence they have collected. They are only required to present enough evidence to meet the probable cause standard. The judge, by law, must consider all the evidence in a light most favorable to the state. He must also assume the state’s case will get better by trial.